Crafting the agreements that drive renewable energy forward.
The essential building blocks of any renewable energy project are the core agreements: the Engineering, Procurement, and Construction Agreements (EPC); the Power Purchase Agreements or “Off-Take” Agreements (PPA); the Major Equipment Procurement Agreements; and the long-term Operation and Maintenance Agreement (O&M). These four documents form the basis for the development, construction, and financing of renewable energy projects, as well as the successful and profitable divestiture, acquisition, and long-term operation of such projects.
Husch Blackwell is the leading national firm in drafting, negotiating, and reviewing renewable energy agreements, and for good reason. We’ve represented hundreds of project developers, infrastructure investment funds, financing parties, and even suppliers and contractors, and members of our team have previously worked at developers and contractors themselves—giving our renewable energy agreements attorneys a multifaceted perspective of “what’s market.” Our team efficiently navigates competing legal and commercial risks to find effective and financeable solutions.
EPC Agreements
Our major project contracts attorneys are seasoned renewable energy construction law professionals and typically represent project sponsors, lenders, and construction contractors in the negotiation of all types of energy construction contracts. We understand the nuances of risk management for all sides and are able to achieve consensus on fair and balanced solutions, meeting the requirements of both project lenders and tax equity investors. Many Husch Blackwell EPC attorneys have previously worked in-house at renewable energy developers or EPC contractors, giving our team an in-depth understanding of the technical and commercial aspects of these projects. We are also national leaders in state-law enforceability and compliance issues across the country, as well as compliance with prevailing wage, apprenticeship, state and local sales tax, and other typical regulatory issues.
PPAs and Power Offtake Agreements
Husch Blackwell attorneys have comprehensive experience in structuring, negotiating, and drafting all types of power purchase agreements in the energy sector on projects ranging from 1 MW to 1 GW in size. We routinely represent project developers, financing parties, and corporate buyers in a variety of PPA and offtake agreements, including behind-the-meter PPAs, utility-scale, physically delivered and VPPAs, REC purchase agreements, solar and battery-as-a-service agreements, tolling agreements, and other nuanced structures. Our energy regulatory group provides key support on compliance with all FERC and interconnection issues, as well as compliance with requirements across all RTOs, ISOs, and ERCOT. Our firm’s multidisciplinary approach combines in-depth knowledge of renewable energy law, market trends, and lender requirements to deliver practical solutions.
Equipment Supply Agreements
We represent project developers, lenders, EPC contractors, and manufacturers in procurement, sale, diligence, and dispute resolution involving wind turbines, batteries, solar panels, transformers, thermal generation units, inverters, racking, and other key equipment in the energy space. Our 360-degree experience leads to commercially reasonable and financeable solutions, including with respect to warranty provisions and enforcement, performance guarantees, delivery and inspection obligations, tariff and import issues, and tax issues such as qualification for beginning of construction and FEOC compliance.
O&M, AMA, and Long-Term Service Agreements
Our firm has extensive experience structuring, drafting, and negotiating O&M, asset management, and long-term service, warranty, and performance agreements across the renewable energy sector, including those for solar, wind, gas turbine, and battery storage projects. We regularly represent project developers, infrastructure funds and asset managers, and lenders in both utility scale and distributed energy projects. We are well versed in the technical and commercial considerations unique to O&M contracts and LTSAs, ensuring that our clients receive comprehensive risk mitigation, performance assurance, and regulatory compliance advice, including alignment with EPC, PPA, equipment warranty, and tax equity requirements.